Lilia Abrego Figueroa v. City of Los Angeles et al

Filing 119

JUDGMENT by Judge Beverly Reid O'Connell, it is ORDERED, ADJUDGED AND DECREED that Plaintiff LILIA ABREGO FIGUEROA, have and recover nothing by reason of each and all her claims as set forth in the Complaint against Defendants CITY OF LOS ANGELES, CHIEF CHARLIE BECK, SERGEANT ROBERT CALDERON and SERGEANT JEFF MARES and that Defendants shall recover their costs in accordance with Local Rule 54. (MD JS-6, Case Terminated). (jp)

JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 LILIA ABREGO FIGUEROA,
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CASE NO. CV15-01472 BRO (JEMx)
th
Hon. Beverly Reid O’Connell - Ctrm. 7C, 7 Fl.
Hon. Mag. John E. McDermott - Ctrm. C, 8th Fl.

Plaintiff,

13 v.
14 CITY OF LOS ANGELES, LOS
ANGELES POLICE DEPARTMENT;
15 MAYOR ERIC GARCETTI, in his
individual and official capacity; CHIEF
16 CHARLIE BECK of the Los Angeles
Police Department, in his individual and
17 official capacity; SERGEANT ROBERT
CALDERON of the Los Angeles Police
18 Department in his individual and official
capacity; SERGEANT JEFF MARES of the
19 Los Angeles Police Department officer in
his individual and official capacity; and
20 DOES 1through 10, Inclusive,
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JUDGMENT

Defendants.

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This action came on regularly for trial on February 21, 2017, in Courtroom

25 “7C” of the United States District Court, Central District of California, Central
26 Division, the Honorable Beverly Reid O’Connell, Judge Presiding. The Plaintiff
27 LILIA ABREGO FIGUEROA, was represented by attorneys Shanta Driver and
28 Ronald Cruz. The Defendants CITY OF LOS ANGELES, CHIEF CHARLIE BECK,
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1 SERGEANT ROBERT CALDERON and SERGEANT JEFF MARES were present
2 and represented by attorneys Colleen R. Smith and Cory M. Brente.
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The trial was bifurcated, with phase I addressing liability and compensatory

4 damages only.
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A jury of 8 persons was regularly impaneled and sworn on February 21, 2017.

6 Witnesses were sworn and testified. On March 2, 2017, following the presentation of
7 evidence and argument during a jury trial, the jury, in the above-entitled action,
8 UNANIMOUSLY found as follows:
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JUDGMENT ON SPECIAL VERDICT
WE, THE JURY in the above-entitled action, unanimously find as follows on
the questions submitted to us:
CLAIMS BY ABREGO PLAINTIFFS AGAINST DEFENDANTS

16 (QUESTION NOS. 2 through 10 solely address claims brought in the related matter
17 of Maria Teresa Abrego, et al., v. City of Los Angeles, et al., CV15-00039 BRO
18 (JEMx) only, and thus, are omitted from the judgment herein.)
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20 QUESTION NO. 1: Have the Abrego Plaintiffs proved that any of the following
21 Defendants violated Omar Abrego’s Fourth Amendment Constitutional Rights by
22 using excessive force to detain him?
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Answer (check “Yes” or “No”) following the name of each Defendant:

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SERGEANT JEFF MARES

YES

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SERGEANT ROBERTO CALDERON

YES_______

✓____

NO _____
NO

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f you answered “No” as to each of the Defendants, skip to Question No. 3.

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If you answered “Yes” as to any Defendant, proceed to Question No. 2.
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✓____

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CLAIMS BY PLAINTIFF FIGUEROA AGAINST DEFENDANTS

2 QUESTION NO. 11: If you gave only “No” responses to Question No. 1, please
3 proceed to Question No. 13. If you gave any “Yes” responses to Question No. 1,
4 please answer the following question. Has Plaintiff Figueroa proved that any of the
5 following Defendants violated her Fourteenth Amendment Constitutional Rights to a
6 familial association with Omar Abrego by using unreasonable force to detain him and
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with an unlawful purpose to harm him?
Answer (check “Yes” or “No”) following the name of each Defendant for

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whom you answered “Yes” in Question No. 1:
SERGEANT JEFF MARES

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YES_______

NO ✓____

SERGEANT ROBERTO CALDERON

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YES_______

NO

✓____

f you answered “No” as to each of the Defendants, skip to Question No. 13.
If you answered “Yes” as to any Defendant, proceed to Question No. 12.

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15 QUESTION NO. 12: For each “Yes” response to Question No. 11, do you find that
16 Plaintiff Figueroa has proved that the Defendant’s conduct was the cause of injury to
17 her?
18 Answer (check “Yes” or “No”) following the name of only that Defendant for whom
19 you answered “Yes” in Question No. 11:
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SERGEANT JEFF MARES

YES_______

NO_______

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SERGEANT ROBERTO CALDERON

YES_______

NO_______

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23 Please proceed to Question No. 13.
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QUESTION NO. 13: Has Plaintiff Figueroa proved under California law that the
following Defendant intentionally inflicted emotional distress on her?
Answer (check “Yes” or “No”) following the name of each Defendant:
SERGEANT ROBERTO CALDERON
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YES_______

NO

✓____

1 1f you answered “No” as to each of the Defendants, skip to Question No. 15.
2 If you answered “Yes” as to any Defendant, proceed to Question No. 14.
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4 QUESTION NO. 14: For each “Yes” response to Question No. 13, do you find that
5 Plaintiff Figueroa has proved that the Defendant’s conduct was a substantial factor in
6 causing her harm?
Answer (check “Yes” or “No”) if you answered “Yes” in Question No. 13:
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SERGEANT ROBERT CALDERON
YES_______
NO_______
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Please proceed to Question No. 15.
QUESTION NO. 15: Has Plaintiff Figueroa proved that the following Defendant
negligently inflicted emotional distress on her?
Answer (check “Yes” or “No”):
SERGEANT ROBERTO CALDERON

YES_______

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NO

✓____

16 1f you answered “No”, skip to Question No. 17.
17 If you answered “Yes”, proceed to Question No. 16.
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19 QUESTION NO. 16: For each “Yes” response to Question No. 15, do you find that
20 Plaintiff Figueroa has proved that the Defendant’s conduct was a substantial factor in
21 causing her harm?
Answer (check “Yes” or “No”) if you answered “Yes” in Question No. 14:
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SERGEANT JEFF MARES

YES_______

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Please proceed to Question No. 17.

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NO_______

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DAMAGES AS TO PLAINTIFF FIGUEROA ONLY

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3 If you gave any “Yes” responses to either Question Nos. 12, 14 and/or 16 please
4 answer the following questions. Otherwise, please sign and a date this form where
5 indicated below.
6 QUESTION NO. 17: If you gave any “Yes” responses to Question Nos. 12, 14, or
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What is the total amount of economic damages suffered by Plaintiff Figueroa?
$__________________.
What is the total amount of noneconomic damages suffered by Plaintiff Figueroa?
$__________________.
Please proceed to Question No. 18.
QUESTION NO. 18: If you gave any “Yes” responses to Question No. 12, has
Plaintiff Figueroa proved by a preponderance of the evidence that any of the following

14 Defendants acted with malice, fraud or oppression?
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Answer (check “Yes” or “No”) following the name of only that Defendant for
16 whom you answered “Yes” in Question No. 12:
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SERGEANT JEFF MARES

YES_______

NO_______

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YES_______

NO_______

SERGEANT ROBERT CALDERON

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20 Please proceed to Question No. 19.
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22 QUESTION NO. 19: If you gave any “Yes” responses to Question No. 14, has
23 Plaintiff Figueroa proved by clear and convincing evidence that the following
24 Defendants acted with malice, oppression or fraud when they intentionally inflicted
emotional distress?
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Answer (check “Yes” or “No”) if you answered “Yes” in Question No. 14:
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SERGEANT ROBERT CALDERON
YES_______
NO_______
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1 Please proceed to Question No. 20.
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3 QUESTION NO. 20: If you gave any “Yes” answers to Question No. 15 and you
4 entered any amounts in response to Question No. 17, what percentage of
5 responsibility for Plaintiff Figueroa’s harm do you assign to each of the following
6 persons (Do not include any Defendant for whom you did not answer “Yes” in
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Question No. 15)?
LILIA FIGUEROA

_______%

SERGEANT ROBERT CALDERON

_______%

TOTAL

100%

Please date and sign below, and return this form to the Court. Thank you.
DATED: 3/2/17

________/s/ ________________
FOREPERSON OF THE JURY

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By reason of dismissals, the rulings of the Court, and the special verdict,

16 Defendants CITY OF LOS ANGELES, CHIEF CHARLIE BECK, SERGEANT
17 ROBERT CALDERON and SERGEANT JEFF MARES are entitled to judgment
18 against Plaintiff LILIA ABREGO FIGUEROA.
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Now, therefore, it is ORDERED, ADJUDGED AND DECREED that Plaintiff

20 LILIA ABREGO FIGUEROA, have and recover nothing by reason of each and all
21 her claims as set forth in the Complaint against Defendants CITY OF LOS
22 ANGELES, CHIEF CHARLIE BECK, SERGEANT ROBERT CALDERON and
23 SERGEANT JEFF MARES and that Defendants shall recover their costs in
24 accordance with Local Rule 54.
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1 JUDGMENT IS HEREBY ENTERED IN FAVOR OF ALL DEFENDANTS ON
2 ALL CLAIMS AGAINST PLAINTIFF LILIA ABREGO FIGUEROA.
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IT IS SO ORDERED.

5 DATED: May 11, 2017
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By:

Honorable Beverly R. O’Connell
United States District Court Judge

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